EAO 381

The chief executive or administrative officer of a state agency is the individual in charge of the day-to-day operations of the agency. If the individual in charge of the day-to-day operations of an agency is an appointed officer and is therefore excluded from the statutory definition of “executive head of a state agency” in Government Code section 572.002(5), there is no “executive head” of that agency for purposes of Government Code chapter 572.